Court of Civil Appeals of Texas, 2012

Stevenson Mancillas v. Shelly Marie Mancillas

Stevenson Mancillas v. Shelly Marie Mancillas
Court of Civil Appeals of Texas · Decided February 23, 2012

Stevenson Mancillas v. Shelly Marie Mancillas

Opinion

 

Opinion issued February 23, 2012.

 

 

 

 

 

 

 

In The

Court of Appeals

For The

First District of Texas

 

 


NO. 01-10-00674-CV

____________

 


STEVENSON MANCILLAS, Appellant

 

V.

 

SHELLY MARIE MANCILLAS, Appellee

 

 

On Appeal from the 247th District Court

Harris County, Texas

Trial Court Cause No. 2009-68370

 

 


MEMORANDUM OPINION


Appellant filed a notice of appeal from an order of dismissal in a divorce case.  His notice did not contain a certificate of service, an acknowledgment of service by the party served, or other proof that a copy of the notice of appeal was served on the other party to the judgment.  See Tex. R. App. P. 9.5(d), 25.1(e).

On October 19, 2011, we notified appellant that his appeal was subject to dismissal unless, by October 27, 2011, he provided proof of service on all parties.   See id. 9.5(d), 42.3(c); Pena v. McDowell, 201 S.W.3d 665, 667 (Tex. 2006) (stating that failure to show proof of service of notice of appeal on all parties is proper grounds for dismissal under Texas Rule of Appellate Procedure 9.5(d)).  Appellant failed to respond.

Accordingly, we dismiss the appeal for failure to comply with a requirement of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 9.5(d), 42.3(c), 43.2(f).  We dismiss any other pending motions as moot. 

PER CURIAM

 

Panel consists of Chief Justice Radack and Justices Higley and Brown.

 

 

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